Sec. 412A.01. License required; exemptions.

(a) License required. No person shall engage in the business of operating an adult massage parlor, either exclusively or in connection with any other business enterprise, within the City of Saint Paul without being licensed as provided in this chapter. Any person who conducts such business either in whole or in part by arranging for massages by means of telephonic, verbal or written communication shall administer such massages only on a licensed premises if such massage is to be administered within the City of Saint Paul. No license issued under this chapter shall be transferable from one (1) person, business, corporation or location to another.

(C.F. No. 93-1644, ?16, 12-30-93)

Sec. 412A.02. Definitions.

As used in this chapter, the terms defined in this section shall have the following meanings ascribed to them:

Adequate or approved means acceptable to the director, following his or her determination as to conformance with public health practices and standards contained in existing health, building, housing, fire, food protection, or other applicable codes.

Adult massage parlor, as defined in section 60.201 of this Code.

Adult massage therapist means a person who practices massage as defined herein in an adult massage parlor.

Adult use, as defined in section 60.201 of this Code.

Change of ownership means a licensed business is sold or transferred to another person, business or corporation. A change of ownership, as it relates to an environmental plan review, does not include the changing or adding of officers to an existing partnership or corporation or change of a mailing address.

Director means the director of the environmental health section of the city office of license, inspections and environmental protection (LIEP) or his/her designated agent.

Massage means any method of applying pressure on, or friction against, or rubbing, stroking, kneading, tapping or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, appliance or device with or without such supplemental aids as rubbing (isopropyl) alcohol, liniment, antiseptic oil, powder, cream, lotion, ointment or other similar preparation. The practice of massage shall not include and is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry. Persons duly licensed or registered to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, and nurses who work under the direction of such persons, are hereby expressly excluded from the requirements of this chapter, provided the massage is administered in the regular course of a prescribed or authorized medical treatment and not provided as part of a separate and distinct massage business. Beauty culturists, barbers and cosmetologists who do not give, or hold themselves out to give, massages other than those customarily given in such shops or places of business for the purposes of beautification only, and persons who give massages only incidentally to their general occupations and receive no compensation specifically for giving massages, shall also be excluded from the provisions of this chapter.

Obscene and obscene work, as defined in Chapter 274 of this Code.

Remodel means any reconstruction, alteration or repair that requires structural, plumbing, mechanical and/or electrical permits; changing the location of walls; expanding the area of the facility; substantially changing or expanding the character of the business. Remodel does not include replacing a piece of equipment with a like piece of equipment; replacing wall, floor or ceiling finishes; repositioning equipment; providing new equipment that does not significantly alter the character of the business. The director shall have discretion in determining when this section applies.

(C.F. No. 93-1644, ?17, 12-30-93; C.F. No. 03-898, ?1, 11-5-03)

Sec. 412A.03. Fee.

The required fee for an adult massage parlor license along with the fees for an environmental plan review and change of ownership review, shall be established by ordinance as specified in section 310.09(b) and 310.18 of the Legislative Code. A separate license shall be obtained for each place of business. Only one (1) adult use shall be allowed in a building or portion of a building. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for a period of twelve (12) months.

(C.F. No. 93-1644, ?18, 12-30-93; C.F. No. 03-898, ?2, 11-5-03)

Sec. 412A.04. License requirements.

(a) Application. The application for a license shall be made at the office of the inspector by filing the annual license fee and by completing an application form. The application form, which shall be prepared by the inspector and approved by the city council, shall contain the following information:

(1) A description and location of the premises to be licensed. The detailed plans of the premises and furnishings shall be attached to the application.

(2) Names and addresses of the property owner, the business owner, the lessee, the manager or operator and, if a corporation, all the names and addresses of the officers of such corporation, and any other person or corporation which may have a financial interest in the premises to be licensed.

(3) A description of any crime or other offense, including the time, place, date and disposition, for which any of the persons named in subparagraph (2) of this paragraph (a) have been arrested and convicted.

(4) A description of the services offered.

(5) Written proof that each employee is at least eighteen (18) years of age.

(6) The business, occupation or employment of each of the persons named in subparagraph (2) of this paragraph (a) for the three (3) years immediately preceding the date of application.

(7) The previous experience of the persons named in subparagraph (2) of this paragraph (a) in an adult massage parlor or similar business.

(8) A statement as to whether the persons named in subparagraph (2) of this paragraph (a) have had any license denied, revoked or suspended in the City of Saint Paul or the State of Minnesota, the reason therefor, and the business activity or occupation of the individual subsequent to such suspension, revocation or denial.

Such application will then be reviewed by the Office of License, Inspections and Environmental Protection, police department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the office of the inspector, who will submit all of the reports and recommendations of the other departments together with the inspector's report and recommendation to the Saint Paul city council. The city council, following a public hearing, shall either grant or deny the license in accordance with the procedures set forth in Chapter 310 of this Code.

(b) Hearing; notification. At least thirty (30) days before a public hearing on an application for a license, the office of license, inspections and environmental protection shall notify by mail all owners and occupants who own property or reside within three hundred (300) feet of the main entrance property line of the establishment to be licensed, and all community organizations that have previously registered with said department, of the time, place and purpose of such hearing, said three hundred (300) feet being calculated and computed as the distance measured in a straight line from the nearest point of the building property line in which the business is to be operated to the nearest point of the property line owned, leased or under the control of the resident. Prior to the hearing date, the office of license, inspections and environmental protection shall submit to the city council a list of the names and addresses of each person or organization to whom notice was sent, and certification of such list by the clerk shall be conclusive evidence of such notice. The failure to give mailed notice to owners or occupants residing within three hundred (300) feet, or defects in the notice, shall not invalidate the license, provided a bona fide attempt to comply with this paragraph (b) has been made. A bona fide attempt is evidenced by a notice addressed to "owner" and to "occupant" of the listed address. Only one (1) notice need be mailed to each house or each rental unit within a multiple-family dwelling regardless of the number of occupants.

The notification requirements of this paragraph (b) shall not be applicable where the license is to be held in a place located within the downtown business district. For purposes of this chapter, "downtown business district" shall include all that portion of the City of Saint Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street; Chestnut Street to Pleasant Avenue; Pleasant Avenue to Kellogg Street; Kellogg Street to Summit Avenue; Summit Avenue to Tenth Street; Tenth Street to Interstate Freeway 94; Interstate Freeway 94 to Lafayette Bridge; Lafayette Bridge to where the bridge crosses Warner Road; Warner Road to Shepard Road; Shepard Road to Chestnut Road.

(c) Hearing. The city council shall afford the applicant and all interested parties a public hearing and shall have the discretion to consider in granting, denying or renewing the license any reasonable fact or circumstance relating to the public health, safety and welfare including, but not limited to, the following:

(1) The character and suitability of the area or neighborhood in which the licensed premises is located;

(2) The proximity of the site for the massage parlor or adult massage parlor to churches, schools, playgrounds, parks or other community facilities adversely affected;

(3) Traffic congestion and parking problems.

(d) Basis for denial. The council may deny an application for renewal or grant of a license on the basis of a determination that the public health, safety or welfare would be otherwise adversely affected, taking into account one (1) or more of the facts or circumstances in this section.

(e) Restrictions may be imposed. Where a reasonable basis is found by the council to impose reasonable restriction upon the license, taking into consideration one (1) or more of the above facts and circumstances, the council may, upon issuance or renewal of a license, impose such reasonable conditions and restrictions on the manner or circumstances under which the licensed activities shall be conducted to preserve the public peace and protect and promote good order and security.

(C.F. No. 93-1644, ?19, 12-30-93; C.F. No. 04-190, ?1, 3-3-04)

Sec. 412A.05. Adverse action; grounds for suspension, revocation or denial.

The city council may consider the taking of adverse action regarding a license application or licensed business as set forth in this section; provided, however, that the council shall not consider as grounds for such adverse action any activity on the part of the applicant or licensee, which activity is protected by the provisions of the Constitution of the United States or of the State of Minnesota.

(1) It shall be grounds for denial of the application if the applicant or persons in the applicant's employ are not complying with or have a history of violations of the Constitution of the United States or of the State of Minnesota.

(2) It shall be grounds for denial, suspension or revocation of a license if the owner, manager, lessee or any of the employees or persons having a financial interest in the business is convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premises, of any law.

(3) It shall be grounds for suspension or revocation of any license granted under this chapter if the premises do not comply with the health, housing, fire, zoning and building regulations of the City of Saint Paul and State of Minnesota.

(4) An application may be denied or a license may be suspended or revoked upon evidence of a material variance in the actual plan and design of the premises from the plans submitted pursuant to section 412.05(a)(1) or from the original design of the premises when initially licensed without prior approval of the city council.

(5) A license application may be denied or a license may be suspended or revoked upon evidence of a material variance in the actual plan and design of the premises from the plans submitted pursuant to section 412.05(a)(1) or from the original design of the premises when initially licensed without prior approval of the city council.

(6) Licenses may be granted only to establishments which can meet the requirements of the health, housing, building, fire and zoning code regulations of the City of Saint Paul and State of Minnesota.

(7) It shall be grounds for denial, suspension or revocation of the license if there is any fraud or deception involved in the license application or license renewal.

(8) It shall be grounds for suspension or revocation of the license if the licensee, owner, lessee or manager of the adult massage parlor fails to comply with any of the ordinances of the City of Saint Paul or statutes of the State of Minnesota pertaining to massage parlors.

(9) It shall be grounds for suspension or revocation of the license or licensee if the licensee or owner or manager or any of the employees or persons having a financial interest in the premises are found to be in control of or possession of any alcoholic beverages or controlled substances on the premises, possession of which is illegal under city ordinance or state law.

(10) It shall be grounds for denial, suspension or revocation of the license if the licensee, owner, lessee, manager or employee has evidenced in the past willful disregard for the health, housing, zoning, building and/or fire codes and regulations.

(11) It shall be grounds for the denial, suspension or revocation of the license if any aforementioned person or persons shall refuse to permit any police officer or inspector employed by the city's fire department, department of community services, division of license and permit administration to inspect the premises or operations during normal business hours.

(12) It shall be grounds for denial, suspension or revocation of a license if the licensee, owner, lessee, manager or any employee is found to be in violation of the provisions of this chapter.

(13) It shall be grounds for the denial, suspension or revocation of the licensee if any employee of an adult massage parlor is under (18) years of age.

(C.F. No. 93-1644, ?20, 12-30-93)

Sec. 412A.06. Construction and maintenance requirements.

The following requirements shall apply to the construction and maintenance of all adult massage parlors:

(1) All adult massage parlors and restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one (1) inch.

(2) All restrooms used in connection with all adult massage parlors shall be provided with mechanical ventilation with two (2) cubic feet per minute per square foot of floor area, a minimum of fifteen (15) footcandles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser.

(3) Each adult massage parlor established shall have a janitor's closet, which shall be provided for the storage of cleaning supplies. Such closet shall have mechanical ventilation with two (2) cubic feet per minute per square foot of floor area and a minimum of ten (10) footcandles of illumination. Such closet shall include a mop sink.

(4) Floors, walls and equipment in adult massage parlors, restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor. Sanitary towels, wash cloths, cleaning agents and toilet tissue must be made available for each customer.

(5) Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking.

(6) Doors on massage rooms shall not be locked during the giving of a massage. All massage rooms shall be clearly marked by signs.

(7) All massage tables, bath tubs, shower stalls, bath areas and floors shall have surfaces which can be readily disinfected.

(8) Separate bathing, dressing, locker, toilet, massage room facilities shall be provided for female and male patrons.

(9) The premises shall have adequate equipment for disinfecting and sanitizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

(C.F. No. 93-1644, ?21, 12-30-93)

Sec. 412A.07. Therapeutic massage practitioners employed in the business.

The following provisions shall apply to adult massage therapists under the regulations of this chapter:

(1) No business licensed under this chapter shall employ or use any person as an adult massage therapist unless such person is licensed by the City of Saint Paul.

(2) Any person acting as an adult massage therapist in any such licensed business shall have his or her license or a true copy thereof displayed in a prominent place on the licensed premises.

(3) Adult massage parlors shall not discriminate on grounds of race, creed, color, , national origin or ancestry in performing services offered by the licensed establishment.

(4) No adult massage parlor for which a license has been granted by the city shall be open for business unless and until any adult massage therapists employed in the business have first complied with the licensing requirements of Chapter 414.

(C.F. No. 93-1644, ?22, 12-30-93)

Sec. 412A.08. Submission of plans and specifications.

(a) Environmental plan review required. A person shall not begin to construct, extensively remodel, or alter an adult massage parlor until the director has reviewed and approved the plans and specifications required by this subsection. The adult massage parlor shall be constructed and finished in conformance with the approved plans. The director may inspect the adult massage parlor as frequently as deemed necessary during construction to ensure that construction occurs in conformance with this chapter. The director shall conduct a final inspection prior to the start of operations and issuance of an approved license. If work has commenced prior to approval of plans when required, the director may issue orders to halt the construction, extensive remodeling, expansion, or alteration, or may issue orders, including demolition or removal, if reasonably necessary to determine compliance with the standards of this chapter.

(b) All persons who hereafter construct, remodel or convert buildings or facilities for use as a massage center shall conform and comply in their construction, erection or alteration with the requirements of this chapter. Two (2) copies of plans and specifications for such layout, arrangement, and plumbing and construction materials of the massage areas, and locations, size and type of equipment and facilities shall be filed by the owner to LIEP. The plans will be reviewed and retained by the environmental protection and building inspection and design sections of LIEP. A building permit shall not be issued for any such construction, remodeling or alteration until such permit shall have the approval of the director or his/her agents.

(C.F. No. 93-1644, ?23, 12-30-93; C.F. No. 03-898, ?3, 11-5-03)

Sec. 412A.09. Business hours.

No customer or patron shall be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customer or patron shall be allowed to remain upon the licensed premises after 10:30 p.m. and before 7:00 a.m. daily.

(C.F. No. 93-1644, ?24, 12-30-93)

Sec. 412A.10. Inspection by city officers and identification of employees.

(a) During any hours in which any person is present on the licensed premises, all adult massage parlors shall be open to inspection by city environmental health, fire, zoning, building and license inspectors, and police officers. Upon demand by any police officer, any person engaged in providing services in any licensed premises shall identify himself/herself giving his/her true legal name and his/her correct address.

(b) Change of ownership review required. Upon a change of ownership of an adult massage parlor, the director shall conduct a change of ownership review of the premises to determine compliance with the requirements of this chapter.

(C.F. No. 93-1644, ?25, 12-30-93; C.F. No. 03-898, ?4, 11-5-03)

Sec. 412A.11. Rules and regulations; environmental health director may promulgate.

The director may, upon notice and hearing, promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this chapter, to protect the public health and to provide for safe and sanitary operation of massage equipment. Notice of promulgation of such rules and the hearing date shall be given to all licensees and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the city clerk. Violations of such rules shall be sufficient grounds for adverse action against licenses issued under this chapter.

(C.F. No. 93-1644, ?26, 12-30-93; C.F. No. 03-898, ?5, 11-5-03)

Sec. 412A.12. Violations, penalty.

Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this chapter, whether individually or in connection with one (1) or more other persons or as principal agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor.

(C.F. No. 93-1644, ?27, 12-30-93)

Sec. 412A.13. Unlawful acts.

[It shall be unlawful for:]

(1) Anyone to engage in, conduct or carry on a massage establishment without a valid license issued pursuant to this chapter.

(2) Anyone to administer a massage in a licensed establishment without a valid license issued pursuant to Chapter 414 of this Code.

(3) Any person in a massage establishment to place his or her hands upon, or to touch with any part of his or her body, or to fondle in any manner, or to massage, the genital area of any other person.

(4) Any person in a massage establishment to expose his or her genital area or any portion thereof to any other person, or to expose the genital area or any portion thereof of any other person.

(5) Any person, while in the presence of any other person in a massage establishment, to fail to conceal with a fully opaque covering the genital area of his or her body.

(6) Any person to act as an adult massage therapist in any place other than a licensed massage establishment.

(7) Any person owning, operating or managing a massage establishment knowingly to cause, allow or permit in or about such massage establishment any agent, employee or any other person under his or her control or supervision to perform such acts prohibited in subparagraphs (1) through (6) of this section or any obscene act.

(8) Any person to employ any person under the age of eighteen (18) to work in any adult massage parlor.

(C.F. No. 93-1644, ?28, 12-30-93)